RES 2026048 - Laserfiche WebLink

Page 24 General versus Special Benefit Article XIIID, Section 4(a) of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to "separate the general benefits from the special benefits conferred on a parcel." The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. Property may be assessed to fund improvements to the extent of the special benefits conferred by the Improvements; but general benefits are not assessable. Accordingly, a separate estimate of the special and general benefit is given in this section. Article XIIID never defines the term "general benefit." The definition of special benefit in Section 2(i) includes the statement that general enhancement of property value does not constitute special benefit. General benefit may be described as"an indirect,derivative advantage" resulting from the improvements. One infers from Article XIIID that all benefit is either general or special. In other words: Total = General + Special Benefit Benefit Benefit There is no widely-accepted or statutory formula for quantifying the amount of any general benefit that is identified. In this Report, the general benefit is first identified, generously estimated, and then budgeted so that it is funded, as required by Proposition 218, by sources other than the Assessment. A formula to estimate the general benefit is listed below: Benefit to Real Benefit to Real Property Benefit to General Property Outside Inside the Assessment Benefit the Assessment + District that is Indirect and + the Public at Large District Derivative City of Pleasanton Landscape Maintenance District No. 1993-1, Windsor SCIConsultingGroup Engineer's Report